State v. Davis
Court of Appeals of Utah
1Opinion of the Court
BILLINGS, Judge:
Defendant David Davis was charged with possession of a controlled substance without the required tax stamps affixed, a third degree felony, in violation of Utah Code Ann. § 59-19-105 (1988). Defendant filed a motion to dismiss the charge, claiming that section 59-19-105 of the Utah Drug Stamp Tax Act 1 is unconstitutional. The trial court denied his motion and consequently defendant entered a conditional plea of no contest.
Defendant argues on appeal that (1) the Utah Drug Stamp Tax Act violates his privilege against self-incrimination under the fifth amendment of the United…
2Cases cited32 opinions
- Kolender v. LawsonSupreme Court of the United States · 1983
- Hoffman v. United StatesSupreme Court of the United States · 1951
- Leary v. United StatesSupreme Court of the United States · 1969
- Marchetti v. United StatesSupreme Court of the United States · 1968
- Counselman v. HitchcockSupreme Court of the United States · 1892
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3Cited by17 opinions
- Clifft v. Indiana Department of State RevenueIndiana Supreme Court · 1995
- State v. RobinsonCourt of Appeals of Utah · 1990
- State v. HallWisconsin Supreme Court · 1997
- Zissi v. State Tax Com'n of UtahUtah Supreme Court · 1992
- State v. GodbersenSupreme Court of Iowa · 1992
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